Ervin v. Shaw
Supreme Court of Iowa
Appeal from Mahaska District Court. — D. W. Hamilton, Judge. Proceedings to probate tbe last will and testament of Clifford E. Evans, deceased. Tlie trial court sustained the objections filed by contestant-appellees and entered judgment for costs against the plaintiff-proponent. —
1Opinion of the CourtDe Graff, J.
— One issue is involved on this appeal. Can a soldier under lawful age while in the actual service of his country make a valid will under the provisions of the statutes of Iowa?
The decedent Clifford E. Evans was a legal resident of Mahaska County, Iowa, and at the time of his death was 19 years of age. He died in France March 21, 1918 from gun-shot wounds received in military service as a member of the American Expeditionary Forces. He died unmarried and without issue. On March 7, 1918 he executed a will with all the formalities required by the statutes of Iowa. The legatee named in said will…
2Cases cited4 opinions
- Boyer v. EmersonSupreme Court of Iowa · 1921
- Dennis v. Independent School District of WalkerSupreme Court of Iowa · 1914
- Leathers v. GreenacreSupreme Judicial Court of Maine · 1866
- Deane v. LittlefieldMassachusetts Supreme Judicial Court · 1822
3Cited by6 opinions
- General Mortgage Corporation of Iowa v. CampbellSupreme Court of Iowa · 1965
- MartinSupreme Judicial Court of Maine · 1935
- Jones v. Mills CountySupreme Court of Iowa · 1938
- Benschoter v. HakesSupreme Court of Iowa · 1943
- Hedin v. Westdala Lutheran ChurchIdaho Supreme Court · 1938
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